amina rashidi vs mohinder singh and another 1986 tzca 14 25 july 1986

amina rashidi vs mohinder singh and another 1986 tzca 14 25 july 1986

The appeal was incompetent due to multiple procedural defects: late filing, lack of leave to appeal, non-payment of fees and security, missing essential documents, and pending related application. The appellant was properly notified and absent by choice. No grounds to set aside High Court orders.

Citation
amina rashidi vs mohinder singh and another 1986 tzca 14 25 july 1986
Parties
Appellant: Amina Rashidi; 1st Respondent: Mohinder Singh; 2nd Respondent: Alwi Shariff
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 1986
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal dismissed as incompetent
Legal Topics
Intermeddling With Estate, Eviction, Sale of Estate Property, Appeal Procedure, Legal Representation
Source Language
English
Probate Civil Procedure Intermeddling With Estate Eviction Sale of Estate Property Appeal Procedure Legal Representation

Case Brief

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Parties

Amina Rashidi

Appellant

Mohinder Singh

1st Respondent

Alwi Shariff

2nd Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the High Court orders restraining intermeddling and confirming sale were validly made in absence of appellant
  2. 2 Whether appeal was competent given procedural defects
  3. 3 Whether appellant was properly represented or abandoned by counsel

Ratio Decidendi

The appeal was incompetent due to multiple procedural defects: late filing, lack of leave to appeal, non-payment of fees and security, missing essential documents, and pending related application. The appellant was properly notified and absent by choice. No grounds to set aside High Court orders.

Court Disposition

appeal dismissed as incompetent

Orders

  • no order as to costs due to legal aid